1983-06 Separation of City/County ServicesRESOLUTION NO. 83-6
A RESOLUTION REQUESTING ACTION BY THE OKEECHOBEE BOARD OF
COUNTY COMMISSIONERS IN ACCORDANCE WITH CHAPTER 125.01(6)
(a) FLORIDA STATUTES.
• WHEREAS, ARTICLE VIII, Section 1(h) of the 1968 revision of the Constitution of
the State of Florida prohibits the taxation of property situated within municipalities
for services rendered by the County exclusively for the benefit of property or residents
in the unicorporated area of the County; and
WHEREAS, the Florida Supreme Court has determined the provisions of Article VIII,
Seciton 1(h) are self-executing; and
WHEREAS, the Florida Supreme Court has further interpreted the aforesaid
constitutional prohibition to extend to those facilities and services which are of no
real and substantial benefits to property or residents situated within municipalities; an(
WHEREAS, Section 125.01(6)(a), Florida Statutes, provides procedures for the
governing body of a municipality to petition the board of county commissioners for relief
from above described conditions; and
WHEREAS, Seciton 125.01(7), Florida Statutes, requires Boards of County Commissioner:
to expend all county revenues, excepting those obtained specially from or on behalf of a
municipal service taxing unit, special district, unincorporated area, service area, or
program area, for countywide services, programs, and projects; and
WHEREAS, the City of Okeechobee has conducted a study which identifies and itemizes
services rendered by the County, financed by countywide revenues and ad valorem taxes, anc
which provide no real and substantial benefits to residents and taxpayers of the City of
Okeechobee, a copy of which was furnished to the Board during the 1981-1982 fiscal year.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Okeechobee, as
follows:
Section 1. That pursuant to Section 125.01(6)(a) Florida Statutes, the following
services are hereby identified to the Board of County Commissioners of Okeechobee County,
Florida, as being rendered specially or exclusively for the benefit of property or
residents in the unincorporated areas of the County, and/or as being of no real and sub-
stantial benefit to porperty or residents located within the City of Okeechobee, Florida,
although financed from countywide revenues.
A. All costs related to County Building Inspection, Zoning,
Comprehensive Planning and Subdivision Regulations.
B. Engineering costs relating to subdivision review and inspection,
and design, survey and inspection of the unpaved portion of the
• County Local Road System.
C. Road and Bridge Departmental and other non -departmental
road expenditures relating to maintenance and/or con-
struction of the unpaved portion of the County local road
• system, including road rights-of-way; and all drainage
maintenance or construction related to the unpaved portion
of the County local road system.
D. Road Patrol and Investigations as provided by the Okeechobee
County Sheriff's Office including appropriate payroll, ad-
ministrative, operating and capital costs.
E. Fire Control expenditures including all contracts and
contributions for fire services, State Forestry assessment,
and Capital Outlay including costs of land for fire sub-
station.
F. Animal Control.
G. All above costs of services to include appropriate payroll
overhead, overhead, supervision, administration, and
capital cossts; including costs of Accounting, Purchasing,
Building Maintenance, and Personnel, and other similar
direct and indirect costs of providing services.
Section 2. That the Board of County Commissioners of Okeechobee County, Florida,
is hereby petitioned to develop appropriate mechanisms and take appropriate actions under
the provision of Section 125.01(6)(a), Florida Statutes, to finance the aforesaid service:
facilities and activities from revenues other than those derived from taxation, assess-
ments, or service charges on property or residents within the City of Okeechobee.
Section 3. The Board of County Commissioners of Okeechobee County, Florida, is
further petitioned to continue to comply with Florida Statute 129.01(2)(b) and to utilize
to the extent necessary, Florida Statute 129.021.
Section 4. The Board of County Commissioners of Okeechobee County, Florida, is
petitioned to return to the City of Okeechobee, the amount of taxes, service charges
and/or other revenues paid by residents and taxpayers of the City of Okeechobee as well
as all other revenues excepting those revenues obtained specifically from or on behalf of
a municipal service taxing unit, special district, unincorporated area, service area, or
program area, as set forth in Florida Statute 125.01(7) to the extent utilized to finance
services identified in Section 1 of this Resolution, for Fiscal Year 1983-84, and for
each ensuing Fiscal Year, until such time as alternate financing mechanisms have been
implemented and "double taxation" conditions have ceased to exist.
Section 5. The City Clerk is hereby directed to transmit a certified copy of this
w
Resolution to the Board of County Commissioners of Okeechobee County, Florida.
Section 6. This Resolution shall take effect immediately upon its adoption.
Introduced and adopted in regular session of the Okeechobee City Council assembled
this 2nd day of May , 1983.
ATTEST:
l
Bonnie S. Thomas, CMC
City Clerk
City of Okeechobee
Edward W. Douglas, D.C.
Chairman/Mayor
City of Okeechobee